Emery v. Holt County’s Empirical Analysis
1939
Citation profile
4
cited by 4 later decisions
2
states following
October 1974
most recently cited
4 state decisions
Relationships
Relies on State ex rel. Major v. Arkansas Lumber Co. · School Directors of St. Charles v. Goerges · County of St. Charles v. Powell · Flinn v. Gillen · Callaway County v. Nolley
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under the common law the maxim ‘Nullum tempus occurrit regi’ did not apply to political subdivisions of the state. It applied only to the state. County of St. Charles v. Powell, 22 Mo. 525 , 66 Am.Dec. 637. In Callaway County v. Nolley, 31 Mo. 393, 397 , we ruled as follows: “ ‘Here then was a lot whose legal title was vested in Callaway county, in trust for the inhabitants of the town of Fulton. Callaway county was as competent twenty years ago to bring an action as it was at the time of the institution of this suit. In fact it is nothing more than a body politic, acting as trustee for the inhabitants of the town of Fulton. It is subject to the statute of limitations, as was held in the case of the County of St. Charles v. Powell, 22 Mo. 525 [66 Am.Dec. 637]. Property held by individuals or bodies politic in trust is as much subject to the statute of limitations as that owned by individuals’. “Other cases so ruling are School Directors of St. Charles Twp. v. Goerges et al., 50 Mo. 194 ; Flinn v. Gillen, 320 Mo. 1047 , loe. cit. 1053, 10 S.W.2d 923, 926 ; Engle v. Worth County, 278 Mo. 295 , 213 S.W. 70 ; Missouri Township v. Farmers Bank, 328 Mo. 868 , 42 S.W.2d 353 ; Nall v. Conover, 223 Mo. 477 , 122 S.W. 1039 , and Bonsor v. Madison County [ 204 Mo. 84 , 102 S.W. 494 ], supra.””
1 later decision quote this exact passage““The legislative enactments of this state and the decisions of the courts construing the same determine the public policy of the state. In this situation the argument here made as to public policy should be addressed to the legislature.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.